The most common criminal charges for Drug Crimes consist of the following; Possession of Marijuana, Drug Trafficking, Drug Possession and Prescription Drug Charges. While Possession of Marijuana is a misdemeanor all other drug offenses are felonies.
Our Drug Possession Defense Lawyers in Broward County have defended thousands of cases.
The Fort Lauderdale drug attorneys at William Moore Criminal Defense provides years of experienced legal representation and knowledge that is aggressive and skilled in the art of criminal defense. Drug Charges will have a drastic effect on an individuals life, liberty and future career goals. If you or a loved one has just been arrested and wish to learn more, contact our Felony Drug Attorneys at The William Moore Law Firm for immediate legal answers and available representation in Broward County.
Possession of Marijuana
Possession of small amounts of marijuana is a criminal act in Florida. If a person is convicted of possession of less than 20 grams, he or she may be sentenced to up to one year in jail in addition to other penalties. If the amount is more than 20 grams but less than 25 pounds, the charge is a third-degree felony, punishable by up to five years in prison.
Drug paraphernalia charges on a regular basis as they are also common with possession of marijuana. Drug paraphernalia could be implements used for the drug, such as a marijuana pipe, particularly if police find residue of the drug on the pipe.
All drug trafficking crimes are first-degree felonies in the state of Florida, meaning that they are punishable by up to 30 years in prison. Additionally, they carry mandatory minimum sentences, which means that a judge cannot give a lower sentence even if warranted by the circumstances. The state does not have to prove that you intended to sale the drugs to convict you of drug trafficking. Instead, the prosecution only needs to prove that you possessed large quantities of controlled substances.
Any criminal defense attorney will tell you that mandatory minimum sentences can be devastating. The judge cannot take into account positive factors, such as a lack of prior criminal history or evidence of reform. The defendant must receive the mandatory minimum sentence or a higher sentence.
Drug Possession Fines & Penalies
14 to 28 grams of Heroin
15 years in prison
200 to 400 grams of Cocaine
Seven years in prison
2,000 to 10,000 pounds of Marijuana OR
2,000 or more plants
Seven years in prison
28 grams to 30 kilograms of Heroin
25 years in prison
400 grams to 150 kilograms of Cocaine
15 years in prison
10,000 pounds or more of Marijuana OR
10,000 or more plants
15 years in prison
Drug Free Zones
The sale of a controlled substance within 1,000 feet of certain community locations carries harsher penalties than the crime otherwise would. Churches, schools, day care centers, colleges, public housing, parks, assisted living facilities, convenience stores, and other locations are protected as drug-free zones under the law.
Prescription Drug Charges
Criminal defense attorneys routinely caution that pain medications that are only available by prescription, such as hydrocodone and oxycodone, are considered controlled substances under Florida law. With the rise of pain clinics in Florida, and the fact that these are among the most commonly prescribed and most habit-forming pain medications, the number of criminal defendants charged with possession of these substances is on the rise.
Likewise, the total number of charges brought by the state that are related to other prescription medications, including the anti-anxiety drugs Xanax, have increased. Showing that the person charged with possession of these controlled substances has a valid prescription from a doctor is a defense to these charges. The state must prove that the defendant did not have a prescription or that he did not lawfully receive them from a doctor. If convicted, an offender in possession of more than four grams of the pain medication or similar drug may face mandatory minimum sentencing of three, 15, or 25 years in prison depending on the quantity found.
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- Arrested for Drug Manufacturing, Cultivation or Possession
- Prosecution of Drug Paraphernalia Possession
- Can I be charged with trafficking a controlled substance if the drugs were prescription medication?
- Drug Possession
- Trafficking in Oxycodone
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